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197General interpretation and index of defined expressions

This section has no associated Explanatory Notes

(1)In this Act—

“abuse” (“camdriniaeth”, “cam-drin”) means physical, sexual, psychological, emotional or financial abuse (and includes abuse taking place in any setting, whether in a private dwelling, an institution or any other place), and “financial abuse” (“camdriniaeth ariannol”) includes—

(a)

having money or other property stolen;

(b)

being defrauded;

(c)

being put under pressure in relation to money or other property;

(d)

having money or other property misused;

“adult” (“oedolyn”) has the meaning given by section 3;

“approved premises” (“mangre a gymeradwywyd”) is defined for the purposes of sections 185 to 187 by section 188(1);

“bail in criminal proceedings” (“mechnïaeth mewn achos troseddol”) is defined for the purposes of sections 185 to 187 by section 188(1);

“care and support” (“gofal a chymorth”) has the meaning given by section 4;

“care home” (“cartref gofal”) has the same meaning as in the Care Standards Act 2000;

“carer” (“gofalwr”) has the meaning given by section 3;

“child” (“plentyn”) has the meaning given by section 3;

“children’s home” (“cartref plant”) means, except in section 86, a children’s home within the meaning of the Care Standards Act 2000 in respect of which a person is registered under Part 2 of that Act;

“clinical commissioning group” (“grŵp comisiynu clinigol”) means a body established under section 14D of the National Health Service Act 2006;

“community home” (“cartref cymunedol”) and “controlled community home” (“cartref cymunedol a reolir”) have the meanings given by section 53 of the Children Act 1989;

“disabled” (“anabl”) has the meaning given by section 3;

“education functions” (“swyddogaethau addysg”) has the meaning given by section 579(1) of the Education Act 1996;

subordinate legislation made under an enactment falling within sub-paragraphs (i) to (iv);

(b)

in sections 140(2)(b), 172(7) and 198(2)(b), a provision contained in any of the following (whenever enacted or made)—

(i)

an Act of Parliament;

(ii)

an Act or Measure of the National Assembly for Wales;

(iii)

subordinate legislation made under an enactment falling within sub-paragraph (i) or (ii);

“family” (“teulu”), in relation to a child, includes (but is not limited to) any person who has parental responsibility for the child and any other person with whom the child has been living;

“financial assessment” (“asesiad ariannol”) has the meaning given by section 63;

“financial limit” (“terfyn ariannol”) has the meaning given by section 66(5);

“function” (“swyddogaeth”) means power or duty;

“harm” (“niwed”), in relation to a child, means abuse or the impairment of—

(a)

physical or mental health, or

(b)

physical, intellectual, emotional, social or behavioural development,

and where the question of whether harm is significant turns on the child’s health or development, the child’s health or development is to be compared with that which could reasonably be expected of a similar child;

“neglect” (“esgeulustod”) means a failure to meet a person’s basic physical, emotional, social or psychological needs, which is likely to result in an impairment of the person’s well-being (for example, an impairment of the person’s health or, in the case of a child, an impairment of the child’s development);

“NHS Foundation Trust” (“Ymddiriedolaeth Sefydledig GIG”) has the meaning given by section 30 of the National Health Service Act 2006;

“NHS Trust” (“Ymddiriedolaeth GIG”) means a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;

“parental responsibility” (“cyfrifoldeb rhiant”) has meaning given by section 3 of the Children Act 1989;

“prison” (“carchar”) is defined—

(a)

for the purposes of sections 185 to 187 by section 188(1),

(b)

for the purposes of section 134, by section 134(11), and

(c)

for the purposes of section 162, by section 162(11);

“private children’s home” (“cartref plant preifat”) means a children’s home which is not—

(a)

a community home, or

(b)

a voluntary home (within the meaning given by section 60 of the Children Act 1989);

“regulations” (“rheoliadau”), other than in relation to section 101, means regulations made by the Welsh Ministers;

“relative” (“perthynas”), in relation to a child, means a step-parent, grandparent, brother, sister, uncle or aunt (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship);

“Safeguarding Board” (“Bwrdd Diogelu”) is defined for the purposes of Part 7 by section 142;

“Safeguarding Board area” (“ardal Bwrdd Diogelu”) is defined for the purposes of Part 7 by section 142;

“Safeguarding Board partner” (“partner Bwrdd Diogelu”) is defined for the purposes of Part 7 by section 142;

“services” (“gwasanaethau”) includes facilities;

“special guardian” (“gwarcheidwad arbennig”) and “special guardianship order” (“gorchymyn gwarcheidiaeth arbennig”) have the meaning given by section 14A of the Children Act 1989;

“Special Health Authority” (“Awdurdod Iechyd Arbennig”) means a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 or section 28 of the National Health Service Act 2006;

“standard charge” (“ffi safonol”) is defined for the purposes of Part 5 by section 63(3);

“upbringing” (“magwraeth”), in relation to a child, includes the care of the child but not the child’s maintenance;

“voluntary organisation” (“sefydliad gwirfoddol”) means a body (other than a public or private body) whose activities are not carried on for profit;

“well-being” (“llesiant”) has the meaning given by section 2;

“Welsh family proceedings officer” (“swyddog achosion teuluol Cymru”) has the meaning given by section 35 of the Children Act 2004;

“youth detention accommodation” (“llety cadw ieuenctid”) is defined for the purposes of sections 185 to 187 by section 188(1);

“youth offending team” (“tîm troseddwyr ifanc”) means a team established under section 39 of the Crime and Disorder Act 1998.

(2)In this Act—

(a)a reference to a child looked after by a local authority has the meaning given by section 74;

(b)a reference to a child looked after by a local authority in England has the meaning given to a reference in the Children Act 1989 to a child who is looked after by a local authority for an area in England (see section 22 of that Act);

(c)a reference to a child looked after by a local authority in Scotland has the same meaning as a reference in Chapter 1 of Part 2 of the Children (Scotland) Act 1995 to a child who is “looked after” by a local authority (see section 17(6) of that Act);

(3)A reference in this Act to a child who is in the care of a local authority is a reference to a child who is in its care by virtue of a care order (within the meaning given by the Children Act 1989).

(4)A reference in this Act to accommodation provided by or on behalf of a local authority is a reference to accommodation so provided in the exercise of functions of that authority or any other local authority which are social services functions.

(5)A reference in this Act to a person having, or lacking, capacity in relation to a matter is to be interpreted as a reference to a person having, or lacking, capacity within the meaning of the Mental Capacity Act 2005 in relation to that matter.

(6)A reference in this Act to being authorised under the Mental Capacity Act 2005 is a reference to being authorised as—

(a)a donee of a lasting power of attorney created under that Act, or

(b)a deputy appointed by the Court of Protection under section 16(2)(b) of that Act.

(7)The Welsh Ministers may by regulations provide that the Council of the Isles of Scilly is to be treated as a local authority in England for the purposes of this Act, or for the purposes of specified provisions of this Act, with such modifications as may be specified.

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